L. N. MITTAL - (1.) DEFENDANT No.2-Adarsh @ Vishal Cheba has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to challenge order dated 11.02.2012 Annexure P-4 passed by learned Civil Judge (Junior Division), Chandigarh thereby allowing application Annexure P-2 moved by respondents No.1 to 3/plaintiffs for amendment of plaint.
(2.) RESPONDENTS No.1 to 3 have filed suit against Tripta Cheba- defendant No.1/respondent No.4 (since deceased), petitioner-defendant No.2 Adarsh @ Vishal Cheba, Indu Puri, Bindu Jaidka and Vinod Jaidka respondents No.5 to 7 as defendants No.3 to 5. It is unfortunate litigation between family members. Naresh Cheba father of plaintiffs No.1 and 2 and husband of plaintiff No.3 was son of Tripta Cheba-defendant No.1 and her husband M. L. Cheba. Defendant No.2-petitioner is also son of M. L. Cheba i.e. brother of late Naresh Cheba. Plaintiffs claimed in the original suit that M. L. Cheba has executed will whereby life estate in the suit house was bequeathed to Tripta Cheba-defendant No.1 and after her death, the property was to devolve upon plaintiff No.1. Accordingly, plaintiffs sought declaration of validity of the Will and also sought permanent injunction restraining defendant No.1 from alienating the suit property. During pendency of the suit, Tripta Cheba-deendant No.1 died and plaintiff No.1 who was earlier minor attained majority. Plaintiffs moved application for amendment of plaint to also seek relief of mandatory injunction against defendant No.2 directing him to deliver the possession of ground floor of the suit property to the plaintiffs and also for recovery of mesne profits. Consequential amendments in the plaint were also sought.
(3.) DEFENDANTS resisted the application for amendment of plaint and controverted the allegations of the plaintiffs.;